Commerce updates HAVANA Act brain injury payment rules
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Updates the Department of Commerce’s rules for payments to Commerce employees, former employees, and eligible family members who suffered qualifying brain injuries linked to anomalous health incidents. The rule expands the covered injury period back to September 11, 2001, replacing the prior January 1, 2016 start date. It also clarifies that Commerce handles claims tied to injuries that happened while the person, or the family member’s sponsoring employee, was working for Commerce. Claims tied to employment at another federal agency stay with that other agency. Eligible people should review whether older incidents may now qualify and make sure any diagnosis meets the rule’s physician requirements.
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Key Changes
- Extends the covered injury period for Commerce HAVANA Act payments back to September 11, 2001.
- Clarifies that Commerce only processes claims tied to injuries that occurred during Commerce employment.
- Adds that an “other incident” must be designated under the HAVANA Act and removes the word “sole” from the Secretary’s payment discretion.
Obligations
What this law requires
Applicants seeking a HAVANA Act payment from the Department of Commerce must show that the qualifying brain injury occurred on or after September 11, 2001, and, for employees or former employees, occurred while the individual was a covered Department of Commerce employee.
Applicants seeking a HAVANA Act payment from the Department of Commerce must have the qualifying brain injury assessed and diagnosed in person by a currently board-certified physician from ABPN, AOBNP, ABPMR, or AOBPMR.
Covered dependents seeking a HAVANA Act payment from the Department of Commerce must show that the qualifying brain injury occurred on or after September 11, 2001, and while the dependent’s sponsoring employee was a covered Department of Commerce employee.
The Department of Commerce must not process HAVANA Act payment requests for employees, former employees, or dependents of current or former employees of other federal agencies when the relevant employee was employed by another agency at the time of the injury.
For an event to qualify as an “other incident” under the Department of Commerce HAVANA Act rules, it must involve a new onset of physical manifestations that cannot otherwise be readily explained and must be designated under 22 U.S.C. 2680b.